Council Minutes: 9 February 2012

Cl/122/2/12 Apologies for Absence

Apologies for absence were received from Councillors H Sawrey-Cookson and A Todd

Cl/123/2/12 Declarations of Interest

The following declarations of interest were made:

1. Councillor K Beaty declared a personal prejudicial interest in item 19 on the agenda: Award of Contracts for Recycling Services
2. Councillor Mrs J Derbyshire declared a personal non prejudicial interest in items 9 and 12 on the agenda: Funding the Capital Programme and Affordable Housing and Cumbria Housing Strategy 2011-2015

Cl/124/2/12 Minutes

The minutes Cl/108/1/12 to Cl/121/1/12 of the special meeting of Council held on 19 January 2012 were confirmed as a correct record of those proceedings.

Cl/125/2/12 Chairman's Announcements

The Chairman made the following announcements:

Why not go Orange for the Day in February and show your support for Hospice at Home in Carlisle and North Cumbria, the Council's Chairman's chosen charity. Hospice at Home are asking businesses, groups and individuals to think of an "orange" fundraising idea during the month of February to raise funds and have some fun at the same time.

This may be carried out at work or at home with friends. The possibilities are endless and your creativity could take you in many directions - eg an orange themed quiz, tea or coffee with orange cakes "dressing up orange" day or party, an orange cocktail special, orange face painting - you can think of many more ideas but these are just but a few.

Last year local businesses also supported this appeal by way of preparing a recipe or product which included a citrus element. Various products from cakes, sauces, puddings, drinks, sandwich fillings and raffles were produced. The list was endless and over £1,000 in donations was generously received. The Charity is again asking for their support. At the end of the month Hospice at Home will ask establishments involved to donate a proportion of the revenue from sales of the specified produce.

Let's make Cumbria Orange for the month of February. The charity is vital and needs to raise £9,500 each week to continue to provide this service. Anyone interested in raising funds or volunteering please contact Hospice at Home telephone 01768 210719.

Eden District Council is offering free micro-chipping to dogs whose owners live in social housing or on social housing estates in the District. To take advantage of this offer simply attends one of the sessions advertised on the Council's website between 15 Feb and 1 March across Eden.

Microchipping your dog is quick and relatively painless. It involves inserting a microchip into the scruff of the dog's neck, which can then be read by a scanner (like the barcode scanner in the supermarket). Eden District Council strongly recommends that you get your dog micro-chipped as it means the dog can be quickly returned to they are lost.

For further information please contact Heather Deane, Eden District Council 01768 212375.

This service is run in conjunction with the Dogs Trust to promote responsible dog ownership in Eden.

This February's half term holiday sports programme special offer is buy one get one half price. The programme runs from Monday 13 to Saturday 18 February at Penrith and Appleby Leisure Centres. Activities include: Multi Sport, Bowls, Cardio Gym, Climbing, Dance and Swimming Pool Programme, telephone 01768 817817 to book a place for your child.

Eden Tourism has just launched the final publication in a series of cycling leaflets for the District. The latest publication covers the Alston area and is available tin Tourist Information centres now.

The grand total raised by the Chairman's Christmas Carol Service was £787.15 this is being divided between Hospice at Home and St Lawrence's Church, Crosby Ravensworth. Thank you to everyone who gave their support.

Congratulations also go to the Lyvennet Community Pub (Butchers Arms, Crosby Ravensworth), who have won the North West Regional Enterprise Category at the Countryside Alliance Awards.

Simon Hamlyn, CA's Regional Director for the North of England said: The Butchers Arms only opened its doors last summer but this community-pub has been saved by an extraordinary and tenacious group of villagers who recognized that when the pub closed in 2009 something had to be done to retain such a vital element of the fabric of village life.

Believing that "Local ownership leads to support" this community owned and run enterprise has demonstrated this in spades, with share holders from as far afield as Australia. The pub is now thriving, has been sensitively developed, enjoying increased turnover and now local people, including hunts and nearby shoots, have a great place in to meet and enjoy their community."

The Butcher category winner was NB Taylor and Sons, from Milburn near Penrith.

and finally, congratulations to Blue Peter presenter Helen Skelton, who has completed her 500 mile journey to the South Pole for Sport Relief 2012. Helen's challenge stats are:

Miles on kite: 329 (8 days)
Miles on bike: 103 (7 days)
Miles on skis: 68 (3 days)

Cl/126/2/12 Questions by the Public

There were no questions from members of the public at this meeting.

Cl/127/2/12 Executive Report

There were no questions by Members on the Executive minutes from 24 January 2012.

Cl/128/2/12 Questions by Members

There were three questions by Members under rule 12 of the constitution.

1. Councillor N Hughes had asked the following question of the Leader of the Council:
   
   "I understand that the Leader now represents all six Cumbrian districts on the county-wide broadband initiative. Will he please therefore inform the council of his proposals to assist Eden valley communities such as Bolton and Asby to roll faster broadband services out to residents who currently experience low speeds?"
   
   Councillor G Nicolson's written response had been as follows:
   
   "Councillor Hughes is correct. I was appointed by the Joint District Leaders' group to represent District Council interests on the Connecting Cumbria Partnership Board. Other interests represented are, CALC, Cumbria Chamber of Commerce, Cumbria Constabulary, Cumbria County Council, Cumbria Tourism, Lake District National Park Authority, Local Hub Coordinators, Primary Heads Association, Secondary Heads Association,
   
   There is a common interest in ensuring that the maximum numbers of rural communities benefit from faster broadband services and that the public money allocated to the project does not displace intended private sector investment. The needs of all communities in Cumbria similar to those of Bolton and Asby are an extremely important consideration.
   
   The procurement process is under way and a decision on the successful bidder will be made shortly."
   
   Councillor Hughes asked the following supplementary question of the Leader:
   
   "As a CCPB member is he confident that the County Council's programme in conjunction with BDUK is likely to deliver on target as intended in order to join up with the communities' own initiatives in Vanguard areas such a Asby, Bolton, Crosby Ravensworth, Maulds Meaburn etc?"
   
   Councillor Nicolson responded as follows:
   
   "In principle yes, there will be more information after the completion of the procurement exercise."
   
   
2. Councillor Hughes had asked the following question of the Portfolio Holder for Environment:
   
   "Can the portfolio holder please assure this Council that the recycling contract is on target to be let in good time for reliable borough-wide introduction on 1 April 2012?"
   
   Councillor Tonkin's written response had been as follows:
   
   "There is a report on the contracts to this Council meeting. It is expected that the new arrangements will be in force by 1 July and earlier if possible. Interim arrangements have been made with the existing contractors to continue the service. It was and is most important to ensure the contractual arrangements for the next 15 years are the most appropriate and cost effective. The re-opening of the dialogue has enabled the risks to the Council to be lessened significantly and overall savings to be maintained."
   
   Councillor Hughes asked the following supplementary question of the Portfolio Holder:
   
   "Will he pass on to officers the thanks and congratulations of The Liberal Democrat group on EDC that its long-held and campaigned-for policy of district-wide kerbside recycling is now likely to be implemented?"
   
   Councillor Tonkin responded that he would pass on Councillor Hughes' thanks.
   
   
3. Councillor Hughes had asked the following question of the Portfolio Holder for Planning and the Economy:
   
   "Newton Rigg college is referred to in the report of the portfolio holder for the economy and planning. Will he please give details of the broad range of further education courses which this council intends to help facilitate within Eden so that young people will no longer need to travel to either Kendal or Carlisle to participate in such courses?"
   
   Councillor Smith's written response had been as follows:
   
   "Askham Bryan College, who are the new operators of the Newton Rigg campus have a strong reputation as providers of further education courses and they are already advertising locally the courses that are on offer at the Newton Rigg campus. The Council is in contact with them, and the Leader and myself along with Councillor Tonkin has visited the facilities in Yorkshire. The Council has a long tradition of engagement with education providers in Eden, including the University of Cumbria which is still providing Higher Education courses at Newton Rigg campus and Appleby Heritage Centre which provides a range of skills based courses as well as local schools."
   
   Councillor Hughes asked the following supplementary question:
   
   "How long will it be before young people living in Penrith and its wider area are likely to be able to access as wide a range of FE courses in Penrith as is currently available in Carlisle and Kendal?"
   
   Councillor Smith responded as follows:
   
   "Councillor Hughes knows that Eden is the largest geographical district in the country. It is a fact that for some pupils in the district, eg. in Kirkby Stephen or Tebay, Kendal is more accessible than Penrith. Similarly for those pupils in the far north of the district Carlisle will be more accessible. Pupils in Eden are able to access courses from Newton Rigg, Carlisle and Kendal."
   
   
4. Councillor Huxley had asked the following question of the Leader:
   
   "Please could the Leader explain how it is intended that The 'Vitality of Penrith Group' could be disbanded and the remaining interested groups ie:
   
   Sustainable Greening of Penrith
   Pedestrian Movement Strategy Group
   Penrith Partnership
   CCC
   Highways
   Greening of Penrith
   
   could be amalgamated into one organisation with active sub-groups.
   
   Would this not be easier to make decisions, so that progress could be quicker on the rejuvenation of Penrith?"
   
   Councillor Nicolson's written response had been as follows:
   
   "I believe that Councillor Huxley is referring to the discussion at recent Vitality of Penrith Group meetings where there was an expressed wish to secure wider community involvement in the considerations and achieve a position where projects were initiated and owned by the community and Eden District Council and Cumbria County Council had an important enabling and supporting role. In effect, an approach similar to successful community led projects in Alston, Appleby and Upper Eden.
   
   At present, Eden District Council has the role of responsible financial authority for the public money allocated to Penrith projects. Any future arrangements would have to have an organisation involved that could assume this role. This is a major consideration in identifying a successor lead organisation.
   
   Discussions on future arrangements are taking place and the Vitality of Penrith Group will not be disbanded until effective alternative arrangements are in place."
   
   Councillor Huxley asked the following supplementary question of the Leader:
   
   "My supplementary question is based on the second half of my written question ie ease of making decisions, to which the leader has not referred.
   
   The question is - if an amalgamated committee was formed with active sub groups, whether it be Community led or Council led, and I believe that it should be Council led for financial and service reasons, then would it speed up decisions and results which so far have been frustratingly and painfully slow. To be absolutely clear, this is not being disrespectful of any individual or group's hard work, merely dissatisfaction of the procedure and structure."
   
   Councillor Nicolson responded as follows:
   
   "I think it may do, it depends on how quickly the procurement can be done, there are a number of rules to adhere to. I understand the point and speeding up the process is one of the priorities of the group."

Cl/129/2/12 Motions on Notice

There were no motions under Rule 13 of the constitution received for this meeting.

Cl/130/2/12 Funding the Capital Programme and Affordable Housing

Council considered report F1/12 of the Director of Finance which requested Members to consider how to fund the corporate priority of facilitating the provision of affordable housing whilst adequately funding the Council's Capital Programme.

Motion by J Lynch
Seconded by L Grisedale

That

1. any New Homes Bonus (NHB) received over that committed by the Resources Plan is allocated to a fund to support affordable housing; and
2. when any Council land is committed to an affordable housing scheme, the estimated market value of the land is transferred from the affordable housing fund to support the Capital Programme.

Amendment by M Eyles
Seconded by N Hughes

That the words 'or the actual sum received, whichever is the lowest' be inserted after the words 'the estimated market value of the land'.

A vote was held where the amendment was lost.

The original motion was put and a vote was held where it was RESOLVED that:

1. any New Homes Bonus (NHB) received over that committed by the Resources Plan is allocated to a fund to support affordable housing; and
2. when any Council land is committed to an affordable housing scheme, the estimated market value of the land is transferred from the affordable housing fund to support the Capital Programme.

Cl/131/2/12 Annual Review of the Treasury Management Strategy Statement and Treasury Management Practices Document 2012-2013

Council considered report F8/12 of the Director of Finance which asked Members to approve:

1. revisions to the Treasury Management Strategy Statement;
2. revisions to the Prudential Indicators for 2011-2012;
3. the Treasury Management Strategy for 2012-2013;
4. the Treasury Management Practices Document for 2012-2013
5. the Prudential Indicators for 2012-2013, 2013-2014 and 2014-2015;
6. the Minimum Revenue Provision Statement for 2012-13; and
7. the adoption of the latest Treasury Management Code of Practice published by the Chartered Institute of Public Finance and Accountancy (CIPFA) in 2011.

Motion by J Lynch
Seconded by M Eyles

And RESOLVED that:

1. the Treasury Management Strategy Statement, as detailed in sections 3 to 12 of the report - Appendix 1 (PDF: 330 Kb / 6 pages), be approved;
2. the prudential indicators, borrowing limits and the limit variable interest rate exposure for 2012-2013 be those shown in Appendix B to the report; - Appendix 2 (PDF: 277 Kb / 7 pages)
3. the revised Treasury Management Practices Document, at Appendix C to the report, - Appendix 3 (PDF: 393 Kb / 100 pages)be agreed with effect from 1 April 2012; -
4. the Council apply the 'asset life method' to determine its minimum revenue provision in 2012-2013; and
5. the Council formally adopts the CIPFA Treasury Management Code 2011, as per the requirements of the Prudential Code of Capital Accounting.

Cl/132/2/12 Pay Policy Statement

Council considered report CLS8/12 of the Director of Corporate and Legal Services which requested Members approval of a Pay Policy Statement to enable the Council to meet the requirements of the Localism Act 2011.

Motion by G Nicolson
Seconded by J Lynch

And RESOLVED that the Council adopt the Pay Policy Statement - Appendix 4 (PDF: 345 Kb / 16 pages)with effect from 1 April 2012.

Cl/133/2/12 Cumbria Housing Strategy 2011-2015

Council considered report TS129-11 of the Director of Technical Services which asked Members to approve the new Cumbria Housing Strategy 2011-2015 which replaces the 2006 Strategy and also serves as the Council's own housing strategy.

Motion by L Grisedale
Seconded by M Slee

That the Cumbria Housing Strategy and Cumbria Action Plan be approved.

Amendment by D Stobbart
Seconded by M Eyles

That the Action Plan be reviewed at 6 monthly rather than 18 monthly intervals.

A vote was held where the amendment was lost.

The original motion was put and a vote was held where it was RESOLVED that the Cumbria Housing Strategy and Cumbria Action Plan- Appendix 5 (PDF: 1.3 Mb / 39 pages) be approved

Cl/134/2/12 Penrith New Squares Progress Report

Council considered report TS6-12 of the Director of Technical Services which is part of the regular reporting of progress to Members in respect of the development.

Councillor Eyles asked the Leader whether there was a provision in the scheme for the residents of Victoria Road to use the car park.

The Leader replied that he would need to refer to the parking management plan and would provide a written answer to Councillor Eyles.

RESOLVED that the report be noted.

Cl/135/2/12 Proposed Calendar of Ordinary Meetings 2012/2013

Council considered report CLS5/12 of the Director of Corporate and Legal Services which asked Members for provisional approval of a calendar of meetings for the 2012-2013 municipal year.

RESOLVED that

1. the draft Calendar of Ordinary Meetings 2012-2013 - Appendix 6 (PDF: 124 Kb / 3 pages); be approved and
2. all Members and Standing Deputies of the Planning, Licensing and Accounts and Governance Committees be required to undertake training prior to the first meeting of the respective committees on the dates detailed below.
   
   

   Committee	Training Date	Time
   Planning Committee	17 May 2012	9am
   Licensing Committee	6 June 2012	9am
   Accounts and Governance Committee	20 June 2012	6pm

Cl/136/2/12 Proposed Changes to the Scrutiny Function - Discussion Paper

Council considered report CLS10/12 of Councillor M Holliday, Chairman of the Scrutiny Co-ordinating Board, which set out proposals for improving the Scrutiny function. The proposals had been considered, discussed and agreed at a special meeting of Scrutiny on 26 January to which all non Executive members had been invited.

Motion by D Harding
Seconded by M Eyles

and RESOLVED that the matter be referred for consideration to a group of nine Members, to be nominated by group leaders. The group should produce recommendations for consideration by Council on 12 April 2012.

Cl/137/2/12 Appointment to North Country Leisure Eden Board and Appointment of a Trustee to North Country Leisure Charity

Council considered report CD7/12 of the Communities Director which requested Council to nominate two Members to sit on North Country Leisure Eden Board and to nominate one of those Members to also serve as a trustee of North Country Leisure Charity. North Country Leisure have been awarded the contract for the Leisure Management Service commencing on 1 April 2012.

RESOLVED that North Country Leisure Eden Board and North Country Leisure Charity be added to the list of Outside Bodies Councillors may be representatives on and the activity of Councillors as representatives on these bodies be an approved duty.

Nomination by M Robinson
Seconded by S Simpson

And RESOLVED that Councillor M Temple be appointed to the North Country Leisure Eden Board

Nomination by R Howse
Seconded by S Simpson

And RESOLVED that Councillor G Bowen be appointed to the North Country Leisure Eden Board

Nomination by M Robinson
Seconded by S Simpson

And RESOLVED that Councillor M Temple be appointed to serve as Trustee for the North Country Leisure Charity.

Cl/138/2/12 Request From Newbiggin Parish Meeting

Council considered report CLS11/12 of the Director of Corporate and Legal Services which advised Council of a request which had been received from Newbiggin Parish Meeting to be granted power to provide assistance under section 133 of the Local Government Act 1972.

Motion by M Robinson
Duly seconded

and RESOLVED that Council empowers Newbiggin Parish Meeting to undertake the functions of a Parish Council which are set out in section 133 of the Local Government Act, 1972.

Cl/139/2/12 Exclusion of Press and Public

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph three of Part 1 of Schedule 12A to the Act.

The following minute Cl/140/2/12 contains exempt information as described in the relevant paragraph of Part 1 of Schedule 12A of the Local Government Act 1972 and are excluded from this document by virtue of Section 100A of the Act. Below is a summary of these proceedings.

Councillor K Beaty declared a personal and prejudicial interest in the following item and withdrew from the room during consideration thereof.

Award of Contracts for Recycling Services (Cl/140/2/12)(Exclusion Paragraph No 3)

Council considered a report of the Director of Technical Services which asked Members to consider the award of contracts for recycling services.

Council approved the recommendations in the report.

Cl/141/2/12 Re-admittance of Press and Public

RESOLVED that members of the public (including press) be re-admitted to the meeting during consideration of the following items.

Councillor Beaty re-joined the meeting at 7.50pm.

Cl/142/2/12 Approval of Revenue and Capital Budgets 2012-2013

Council considered report F12/12 of the Director of Finance which set out the revised revenue budget for 2011-2012, the proposed revenue budget for 2012-2013 (the budget requirement) and the proposed capital budget (2011-2016 Capital Programme). These were recommended to Council by the Executive following their meeting on 24 January 2012 which took account of all consultation responses received from Scrutiny, staff and other stakeholders.

Motion by G Nicolson
Seconded by J Lynch

That:

1. the Council's revenue budget in 2011-2012 be a net cost of services of £8,920,237, with a deficit funded from reserves of £1,556,008 (paragraph 6.1 of the report);
2. the Council's revenue budget in 2012-2013 be a net cost of services of £7,110,726 with a deficit funded from reserves of £96,048 (paragraph 6.2 of the report);
3. the Council's Budget Requirement (inclusive of Parish Precepts) be £7,475,560 in 2012-2013 (paragraph 6.5 of the report); and
4. the Council's capital budget 2011-2016 be £4,636,000 (paragraph 7.1 of the report).

Amendment by T Ladhams
Seconded by P Richardson

That the Council continue to fund Kirkby Stephen TIC for a further year to enable the community to make preparations to take over its running.

A vote was held where the amendment was lost.

Amendment by N Hughes
Seconded by M Eyles

That the Eye on Eden Publication be withdrawn and the money saved be used to repair malfunctioning street lights.

A vote was held where the amendment was lost.

The original motion was put and it was RESOLVED that:

1. the Council's revenue budget in 2011-2012 be a net cost of services of £8,920,237, with a deficit funded from reserves of £1,556,008 (paragraph 6.1 of the report);
2. the Council's revenue budget in 2012-2013 be a net cost of services of £7,110,726 with a deficit funded from reserves of £96,048 (paragraph 6.2 of the report);
3. the Council's Budget Requirement (inclusive of Parish Precepts) be £7,475,560 in 2012-2013 (paragraph 6.5 of the report); and
4. the Council's capital budget 2011-2016 be £4,636,000 (paragraph 7.1 of the report).

Cl/143/2/12 Date of Next Meeting

Members were reminded that the next meeting of Full Council would be held on 12 April 2012.

The meeting closed at 8.15pm